Jenner & Block

Nick Barnaby is a litigator.  His practice focuses principally on internal investigations and counseling relating to confidential criminal and regulatory issues, arising under laws such as the False Claims Act, the Foreign Corrupt Practices Act, and the federal securities laws.  He advises companies in all phases of compliance and possible investigation, from designing a risk-based compliance program to counseling a company facing a government investigation.  He also has represented individuals facing SEC enforcement action or criminal prosecution.

Mr. Barnaby is a member of the firm’s Litigation Department and the Investigations, Compliance and Defense Practice.  Mr. Barnaby has experience conducting confidential internal investigations and counseling clients on what to do with the information developed in them, from employee discipline to considering whether to disclose potential misconduct to the authorities.  His expertise includes complex cross-border investigations.  In matters where a government investigation occurs, Mr. Barnaby has experience assisting clients’ responses to government inquiries and advocating before government enforcement agencies.   Mr. Barnaby also has broad experience working to help clients avoid potential issues in the first place.  For example, he has counseled companies on pre- and post-acquisition FCPA due diligence and advised corporate clients in designing FCPA training and compliance programs. 

In 2016, GIR Just Anti-Corruption profiled Jenner & Block’s FCPA practice, calling it one of the top practices in Washington, DC.  The profile highlighted Mr. Barnaby’s post-acquisition compliance and due diligence work as an example of the firm’s expertise.  He also writes frequently on issues related to enforcement practices regarding the FCPA and other federal anti-corruption statutes, and is one of the principal editors of the firm’s annual Business Guide to the Anti-Corruption Laws.

Mr. Barnaby has extensive experience counseling government contractors on potential criminal issues, and is sensitive to the unique issues that arise in this area.  He has conducted a number of FCPA and False Claims Act investigations on behalf of defense contractors.  Mr. Barnaby has also advised companies on the collateral consequences of potential enforcement actions arising from these and other federal laws.  He has also conducted internal investigations and responded to government inquiries arising under other federal and state laws relating to government contracting, including the Procurement Integrity Act.

Mr. Barnaby is experienced in investigations and enforcement actions arising under the federal securities laws.  He has represented individuals and corporate clients in SEC investigations into allegations of accounting fraud, insider trading, and inadequate internal accounting controls.

Mr. Barnaby maintains an active pro bono practice, with a focus on criminal matters.  Mr. Barnaby has served as lead counsel representing clients on appeal from and collateral attack of criminal conviction, as well as in immigration proceedings and domestic relations matters.  He has represented defendants on appeal and collateral attack from capital convictions.  Among other matters, Mr. Barnaby was a member of the defense team that won a unanimous reversal by the Georgia Supreme Court of a death penalty verdict.